Pennsylvania Criminal Defense Legal Questions

The old state can issue a warrant for your arrest. They won't execute the warrant (go looking for you) but if you are ever stopped by law enforcement in the new state, by airport security, etc. the warrant can show in the data bases and you can be detained. The new state will contact the old sate to tell them to come get you which the old state will most likely not do on a probation warrant. However, you may sit in the pokey while the old states takes their time to decide. Do you like prison food? The best advice is to work with an attorney in the old state to contact your PO to see if there is a warrant and if there is can this be worked out where you turn yourself in with the attorney before the judge to reinstate your probation. When you do this it will help if you can pay down all or some of your restitution.... Read Answer

If you were convicted of this misdemeanor, under the current law in PA, you cannot expunge it. If you were convicted of a summary offense and have 5 years of arrest free behavior, you can expunge the summary. You need to determine what you were convicted of to be certain on how to proceed. You may want to obtain your criminal history from the PA state police and take it to a lawyer for review.... Read Answer

I haven't researched it in a while but I think he has constitutional standing to invoke 4th Amendment rights even if he is not the owner. A tenant has a reasonable expectation of privacy sufficient to invoke the 4th Amendment in his or her apartment. Motor vehicles have less constitutional protection as they are mobile. I still think he has standing but would have to research it to confirm.... Read Answer

Normally, we attorneys advise not to speak with police as you have no obligation or duty to do so when you are as suspect, as you are here. Most people who talk to the police end up giving them the missing information and in effect convict themselves. If you are truly innocent and feel you must do it, go ahead. However, the general advice from lawyers is, do not.... Read Answer

You probation officer could file VOP papers with the judge. There could be a gagnon 1 hearing to determine if you stay out of jail pending the violation hearing with the judge. If are jailed on the VOP, you could hire an attorney to file a motion to see if he or she can convince the judge to lift your detainer and let you out. If you stay out of jail, you will have all the time to resolve the new charges and then go in front of your probation judge on the violation. The judge could do anything from extend your probation to sentencing you to jail. I would only be guessing as I know nothing about your case.... Read Answer

If I understand this, the "person" has two prior DUI's and a suspended license and got two new driving under suspended license and a reckless driving citation? If so, he or she will face 2 section 1543 b's which will carry 60 days and 90 days in jail and a one year suspension for each. The reckless driving has a license suspension of at least 6 months. The car can be towed as the operator does not have a valid license to drive it home. I suggest that this person see a lawyer to mitigate his or her damages.... Read Answer